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(영문) 부산지방법원 2020.04.08 2020고단262
특수상해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 28, 2019, the Defendant operated the Defendant’s Cho XG vehicle on the street in front of the apartment complex B of the Busan Dong-gu, Busan, around 08:50 on November 28, 2019, while the victim E (the age of 43) who operated the Dpool vehicle before the Defendant’s vehicle entered the above apartment parking lot, took a speed at a low speed, sound a chemical or horn, open a window with the Defendant’s driver’s seat and take a bath to the victim.

Since then, the Defendant got off from the vehicle to the driver's seat of the Defendant, and knee part of the Defendant's vehicle by driving the above vehicle, which is an object dangerous to the Defendant's front, with the driver's front part of the Defendant's vehicle, knee part kne part kne part kne, kne part knee kne part knee knee kne, and the Defendant lowered the bus from the vehicle to the victim's face and body, and turned down the buckbuck kbuck part of the victim's kne kne part beyond the victim's floor

As a result, the defendant carried dangerous things and inflicted injury on the victim, such as a divesal coordinate and salt, which require treatment for about 15 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an investigation report (Attachment of a medical certificate for injury);

1. Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the following circumstances described in the grounds for sentencing);

1. Scope of the recommended punishment according to the sentencing criteria (the scope of the recommended punishment that is modified according to the sentencing criteria): Imprisonment with prison labor for six months to one year;

2. Determination of sentence: Imprisonment with prison labor for six months, suspension of execution for two years, the fact that the defendant did not have the same criminal record and agreed smoothly with the victim while opposing the crime of this case, the degree of injury to the victim is not serious, and the defendant's age, character and conduct, family environment, motive and means of the crime, and circumstances after the crime, etc. of this case.

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